Chapter 124 — ADULT-ORIENTED BUSINESSES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT-ORIENTED BUSINESSES. Any one of the following:

(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in trade or display, which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, DVD’s, slides, tapes, records, or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which:

(a) Regularly features live perform- ances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or

(b) Regularly features persons who appear semi-nude; and/or

(c) Shows films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(4) ADULT HOTEL or MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

(a) Provides patrons with closed- circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

(b) Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

(5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ION PICTURE THEATER.**_ A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD’s, slides, or similar photographic reproductions are shown, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(6) ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

(7) MODELING STUDIO. A business which provides, for pecuniary compensation, monetary or other consideration, hire, or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified

anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

ADULT-ORIENTED BUSINESS OPERATOR or OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

APPLICANT. A person who files an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

BAR. Any commercial establishment licensed by the state Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas,” the films so described are those the dominant or predominant character and theme of which are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina , 115 Cal. App.3d 151 (1981). ESTABLISHMENT OF AN ADULT- ORIENTED BUSINESS. Any of the following:

(1) The opening or commencement of any adult-oriented business as a new business;

(2) The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

(3) The addition of any of the adult- oriented businesses defined herein to any other existing adult-oriented business; or

(4) The relocation of any such adult- oriented business.

FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted. HEALTH OFFICER. The Health Officer of the city or his or her duly authorized representative(s).

INDIVIDUAL VIEWING AREA. An area designed for fewer than five persons to view still or motion pictures, live entertainment, computer generated images, or other photographic reproduc- tions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast at the upper radius of the areola or below with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

OPERATE AN ADULT-ORIENTED BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

PERFORMER. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult oriented business, regardless of whether such person performs for compensation. PERMITTEE. The person to whom an adult- oriented business permit or adult-oriented business performer permit has been issued.

PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means presented as a regular and substantial course of conduct of the person, business, or establishment making the presentation or at which the presentation is made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

RELIGIOUS INSTITUTION. As used in this chapter, is a structure which is used primarily for religious worship and related religious activities at least two days per week.

SCHOOL. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Educ. Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SPECIFIED ANATOMICAL AREAS. Any of the following:

(1) Less than completely and opaquely covered human genitals or pubic region, buttocks, and female breast below a point immediately above the top of the areola; and

• (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

• (3) Any device, costume, or covering that simulates any of the body parts included in divisions (1) or (2) of this definition.

SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering:

• (1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

• (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

• (3) Masturbation, actual or simulated;

• (4) Excretory functions as part of or in connection with any of the other activities described in divisions (1) through (3) of this definition.

• (Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)

(A) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on in or upon any premises in the city the operation of an adult-oriented business unless the person first obtains and thereafter maintains a valid adult-oriented business permit, and, if necessary, adult-oriented business performer permit(s) as required under this chapter, a city business license, and any other permits required by state or federal law. All such permits shall be maintained in full force and effect during the life of the adult-oriented business.

(B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, unless the person first obtains from the city and thereafter maintains a valid adult-oriented business performer permit as required under this chapter, if necessary: a business license, and any other permit required by state or federal law. All such permits shall be maintained in full force and effect during the life of such persons engagement in such actions.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07) Penalty, see § 10.99

APPLICATION AND PERMITS

Every person who proposes to maintain, operate, or conduct an adult-oriented business in the city shall file an application with the City Clerk upon a form provided by the city and shall pay a non-refundable filing fee, as established from time to time by resolution adopted by the City Council.

(Ord. 1117, passed 9-4-96) Penalty, see § 10.99

(A) Adult-oriented business permits are nontransferable, except in accordance with § 124.070. Therefore, all applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name (including any aliases), address, telephone number(s) and date of birth. The applicant shall also submit satisfactory proof that he or she is at least 18 years of age. With the exception of the applicant’s name, the information submitted pursuant to this division shall be kept confidential to the extent permitted by law.

(2) If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names, aliases if any, addresses, telephone numbers and dates of birth of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any. The applicant shall also submit satisfactory written proof that each of the partners is at least 18 years of age. With the exception of the partner’s names, the information submitted pursuant to this division shall be kept confidential to the extent permitted by law.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, aliases if any, addresses, telephone numbers, dates of birth, and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process. The applicant shall also submit satisfactory proof that each of the above referenced people is at least 18 years of age. With the exception of the name of the corporation, and the names and titles of the officers, the information submitted pursuant to this division shall be kept confidential to the extent permitted by law.

(B) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

(C) If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

(D) A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names, aliases if any, phone numbers, dates of birth and addresses of the owners and, if applicable, lessors of the adult-oriented business site.

(E) The address to which all notices related to the application and the operation of the business are to be mailed. (F) The full names, aliases if any, addresses, telephone numbers and dates of birth of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by § 124.080 to obtain an adult-oriented business per-former license. (For ongoing reporting requirements, see § 124.080).

(G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale.

• (H) (1) A certificate and straight-line, to scale drawing prepared by a registered architect showing:

• (a) The scale and the north arrow.

• (b) The street address of the lot or lots to be included as part of the adult-oriented business.

• (c) The size of lots accurately dimensioned.

• (d) The size and location of all existing and proposed structures.

• (e) The size and location of all existing and proposed parking stalls.

• (f) The location of all landscaped areas.

• (g) The location of all trash areas.

• (h) The location of the proposed exterior lighting system required by this chapter.

• (i) The property lines if any religious institution, school, park, residential zone or use within 1,000 feet of the adult-oriented business as described in § 153.120.030.

(2) The drawing shall be prepared within 30 days prior to the submission of the application, and the preparer shall state on the face of the drawing the date on which it was prepared.

(I) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.

(J) A statement signed and verified by the applicant if an individual, each partner if a partnership, and each corporate officer and each person owning a 25% or greater interest in the corporation attesting to the fact that within the past five years none of the above has been convicted of or plead guilty or nolo contendre to any of the following: Cal. Penal Code, §§ 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or Cal. Penal Code, § 647(a), (b) or (d); any offense requiring registration under provisions of either Cal. Penal Code, § 290 or Cal. Health and Safety Code, § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Cal. Health and Safety Code, §§ 11054, 11055, 11056, 11057 or 11058; or any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity with the past three years.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)

(A) The City Clerk shall, within 15 days of submission of an application, determine whether the application is complete. If the City Clerk determines the application is incomplete or the applicant has completed the application improperly, the City Clerk shall, within the aforementioned time period, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (B) Upon receipt of a completed application and payment of the application and permit fees, the City Clerk shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit.

(C) Within 30 days of receipt of the completed application, the City Clerk shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

(1) The City Clerk shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the City Clerk shall attach to the application an adult-oriented business permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(Ord. 1117, passed 9-4-96)

(A) Upon determination an application is complete, the City Clerk shall promptly grant the application and issued the adult-oriented business permit unless:

(1) The building, structure, equipment, or location used by the business for which an adult- oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire, and safety laws of the city and the state, or with the requirements of this chapter and § 153.120.030.

(2) The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult-oriented business permit.

(3) An applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age.

(4) The required application fee has not been paid.

(5) Within the past five years, the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation has been convicted of or plead guilty or nolo contendre to any of the following offenses: Cal. Penal Code, §§ 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or Cal. Penal Code, § 647(a), (b) or (d); any offense requiring registration under provisions of either Cal. Penal Code, § 290 or Cal. Health and Safety Code, § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Cal. Health and Safety Code, §§ 11054, 11055, 11056, 11057 or 11058, or any equivalent violation of the code of another state; or has had an adult oriented permit revoked by this city or any other governmental entity within the past three years.

(B) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within 30 days after it is stamped as received (except as provided in § 124.050(A)), the applicant may begin operating the adultoriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter, including but not limited to the requirements of § 124.120. (Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)

(A) A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.

(B) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the City Clerk stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Clerk in accordance with §§ 124.040 and 124.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Clerk determines in accordance with § 124.060 that the transferee would be entitled to the issuance of an original adult-oriented business permit.

(C) No permit may be transferred when the City Clerk has notified the permittee that the permit has been or may be suspended or revoked.

(D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(Ord. 1117, passed 9-4-96) Penalty, see § 10.99

(A) No person shall engage in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business permit shall promptly supplement the information provided as part of the application for the permit required by § 124.030, with the names of all performers required to obtain an adult-oriented business performer permit, within five days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the adult-oriented business permit.

• (B) The City Clerk shall grant or deny adult business performer permits as provided herein.

• (C) The application for an adult-oriented business performer permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk.

• (D) The completed application shall contain the following information (which shall be kept confidential by the city to the extent permitted by law) and be accompanied by the following documents:

• (1) The applicant’s legal name and any other names, including “stage names” and aliases, used by the applicant;

• (2) The applicant’s age, date, and place of birth;

• (3) The applicant’s height, weight, hair, and eye color;

• (4) The applicant’s present residence address and telephone number;

• (5) Whether the applicant has ever been convicted of or plead guilty or nolo contendre to:

(a) Any of the offenses set forth in Cal. Penal Code, §§ 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Cal. Penal Code, § 647; any offense requiring registration under provisions of either Cal. Penal Code, § 290 or Cal. Health and Safety Code, § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Cal. Health and Safety Code, §§ 11054, 11055, 11056, 11057 or 11058 as those sections now exist or may hereafter be amended or renumbered; or

• (b) The equivalent of the aforesaid offenses outside the state.

(6) Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this division has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

• (7) The applicant’s state driver's license or identification number;

• (8) Satisfactory written proof that the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is at least 18 years of age;

• (9) The applicant’s fingerprints on a form provided by the Police Department, and a color photograph at least 2 x

• 2 clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;

• (10) Whether the applicant has ever had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked.

• (E) The application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.

(F) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)

(A) The City Clerk shall, within five days of submission of an application determine whether the application is complete. If the City Clerk determines that the application is incomplete or that the applicant has completed the application improperly, the City Clerk shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(B) Within five days after receipt of the properly completed application, the City Clerk shall grant or deny the application and so notify the applicant as follows:

(1) The City Clerk shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the City Clerk shall attach to the application an adult-oriented business performer permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(C) The City Clerk shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in division (E) of this section.

(D) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within five days after it is stamped as complete (except as provided in § 124.090(A), the applicant may begin performing in the capacity for which the license was sought.

(E) The City Clerk shall deny the application for any of the following reasons:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

(2) The applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age;

(3) The adult-oriented business performer permit is to be used for performing in a business prohibited by state or city law;

(4) The applicant has been registered in any state as a prostitute;

(5) The applicant has been convicted of or pled guilty or nolo contendre to any of the offenses enumerated in § 124.080(D)(5) or convicted of or pled guilty or nolo contendre to an offense outside the state that would have constituted any of the described offenses if committed within the state, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction of plea occurred more than five years prior to the date of the application.

endre_ to an offense outside the state that would have constituted any of the described offenses if committed within the state, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction of plea occurred more than five years prior to the date of the application.

(6) The applicant has had an adult oriented business performer permit (or equivalent permit in another jurisdiction) or adult business permit (or equivalent permit in another jurisdiction) revoked, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, if the revocation was more than three years prior to the date of the application.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07) Penalty, see § 10.99

(A) An adult-oriented business permit or adult- oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

(B) On determining that grounds for permit revocation exist, the City Clerk shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Clerk but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

(2) The hearing officer shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(3) The status quo shall be maintained pending the hearing officer’s decision on the suspension or revocation, unless the permittee seeks judicial review pursuant to Cal. Civil Code, § 1094.8, in which case, the status quo shall be maintained until a trial court decision on the writ.

(C) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee or an employee, performer, independent contractor, agent, partner, director, stockholder, or manager of an adult-oriented business:

(1) The permittee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

(2) (a) The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business: 1. Any conduct constituting a criminal offense which requires registration under Cal. Penal Code, § 290 or Cal. Health And Safety Code, § 11590

rence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business: 1. Any conduct constituting a criminal offense which requires registration under Cal. Penal Code, § 290 or Cal. Health And Safety Code, § 11590

2. The occurrence of acts of lewdness, assignation, prostitution, or sexual misconduct such as any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation or use of the establishment as a place where lawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur including any conduct constituting violations of Cal. Penal Code, §§ 243.4, 261. 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or 647(a), (b) or (d).

3. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Cal. Penal Code, §§ 311 through 313.4.

4. Any act constituting a violation of provisions of the California Health and Safety Code relating to the possession , possession for sale, sale, transportation, furnishing or giving away, of a controlled substance as specified in Cal. Health and Safety Code, §§ 11054, 11055, 11056, 11057 or 11058.

5. Any conduct prohibited by this chapter.

(b) For the purposes of this section, an adult-oriented business permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation.

(3) Failure to abide by an disciplinary action previously imposed by an appropriate city official.

(D) After holding the hearing in accordance with the provisions of this section, if the hearing officer finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following:

(1) Suspension of the permit for a specified period not to exceed six months;

(2) Revocation of the permit.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07)

After denial of an application for an adult-oriented business permit or an adult-oriented business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the City Manager in the manner provided herein. Any person seeking to appeal a decision of the City Clerk shall file a written notice of appeal with the City Clerk no later than 15 days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The City Clerk shall, within ten days, schedule a hearing before the City Manager or his or her designee and notify the appellant, in writing, of the day, time, and location of the hearing which shall be held no later than 30 days from the data the appeal had been filed. The appeal shall be conducted in accordance with the same procedures established by the City Clerk pursuant to § 124.100(A). The City Manager shall provide the appellant with a written decision within ten days of the conclusion of the hearing. If the denial, suspension, or revocation is affirmed on review, the applicant permittee may seek prompt judicial review of such administrative action pursuant to Cal. Civil Proc. Code, § 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by the permittee. (Ord. 1117, passed 9-4-96)

FACILITIES AND EMPLOYEES

(A) Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the city.

(B) No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any location outside the building of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(C) All off-street parking area and premise entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagram of the premises required by § 124.040.

(D) The premises within which the adult-oriented business is located shall provide sufficient sound absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(E) Except for those businesses also regulated by the state Department of Alcoholic Beverage Control, an adultoriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.

(F) The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and

posted to the satisfaction of the City Clerk or designee. No person under the age of 18 years shall be permitted within the premises at any time.

• (G) All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

• (H) Any adult-oriented business which is also an “adult arcade” shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view with the naked eye, and without the aid of any cameras, mirrors, or other devices from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of individual viewing area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this division must be direct line of sight from the manager's station.

(2) The view area specified in division (H)(5) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

• (3) No individual viewing area may be occupied by more than one person at any one time.

(4) The walls or partitions between individual viewing areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any individual viewing area such as to allow physical contact through a partition between the occupant of any such individual viewing area and a person on the outside. All individual viewing areas shall be separated from other Individual viewing Areas by a five-foot buffer.

(5) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such individual viewing area or from remaining in the common area of such business, other than the rest-rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

(6) The floors, seats, walls, and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions.

(I) All areas of the Adult-oriented Business shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level:

(J) The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance, and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment.

(K) The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(1) Live entertainment shall only be performed either: (a) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or (b) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the area in which the entertainer is performing is completely separated from the individual viewing area, or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patron/entertainer physical contact.

(2) The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the performer’s use.

(3) The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

(4) The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

om the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, public area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person’s body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this division.

(7) No patron shall directly pay or give any gratuity to any performer, and no performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase “directly pay” shall mean the person-toperson transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying.

(8) No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area, or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(L) Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards:

(1) Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security

guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of 35 persons.

(2) Security guards for other adult-oriented businesses shall be required at a ratio of one guard for every 100person occupancy limit.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable pro-visions of state law. No security guard required pursuant to this division shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(M) The foregoing applicable requirements of this section shall be deemed conditions of adult- oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

(Ord. 1117, passed 9-4-96; Am. Ord. 1301, passed 4-4-07) Penalty, see § 10.99

(A) Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police office or health officer of the city.

(Ord. 1117, passed 9-4-96) Penalty, see § 10.99

(A) Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

(B) The City Clerk shall provide each adult-oriented business performer required to have a permit pursuant to this chapter with an identification card containing the name, address, photograph, and permit number of such performer.

(C) An adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(Ord. 1117, passed 9-4-96) Penalty, see § 10.99

(A) It shall be unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit to, any person who is not at least 18 years of age. (B) It shall be unlawful for any permittee, operator, or other person in charge of any adult-oriented business to permit to enter or remain within the adult-oriented business any person who is not at least 18 years of age. (Ord. 1117, passed 9-4-96) Penalty, see § 10.99

MISCELLANEOUS PROVISIONS

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other city departments or agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (Ord. 1117, passed 9-4-96) Penalty, see § 10.99

The provisions of this subchapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council.

(Ord. 1117, passed 9-4-96)

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adultoriented business performer permit.

(Ord. 1117, passed 9-4-96) Penalty, see § 10.99

All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented business performer permit must apply for and obtain such a permit within 90 days of the effective date of this chapter. Failure to do so and continued operation of an adult-oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this chapter. (Ord. 1117, passed 9-4-96) Penalty, see § 10.99